mary cummins defendant superior court of california … · 05/02/2017 · held in any bank in the...

MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 1987.11

MARY CUMMINSDefendant645 W. 9th St. #110-140 Los Angeles, CA 90015 In Pro Per Telephone: (310) 877-4770 Email: [email protected]

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

BAT WORLD SANCTUARY, AMANDA LOLLARPlaintiff

v.

MARY CUMMINSDefendant

)))))))))))))))

Case No. BS140207

AMENDED MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER CCP 1987.1

Date: May 10, 2016Time: 8:30 a.m.Room: Dept 24Judge: Honorable Robert Hess

RELIEF REQUESTED

Defendant Mary Cummins, (hereinafter “Defendant”) respectfully moves the Court

for an order quashing subpoenas made by Plaintiffs requesting all bank records of

Defendant “Mary Cummins” and parties not part of the underlying complaint from

First Bank and One West banks. Plaintiff already has all of Defendant’s bank

records from First Bank and One West banks! Plaintiffs also have unclean hands

as they committed forgery, fraud and perjury in this case. Defendant received proof

that Plaintiff Lollar and her Texas attorney forged emails from the head of USDA.

They also forged almost all exhibits and a court order. Motion is pending in the

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underlying case in Tarrant County, Texas. Defendant will show the court the following

based on documents already filed with this court, attached declaration and exhibits.

INTRODUCTION

Defendant never defamed Plaintiffs. Plaintiffs did not show any element of

defamation, damages or malice. The breach of contract claim, attorney fees, liquidated

damages were all reversed in appeal. Plaintiff Bat World Sanctuary was denied any

claim.

In the underlying case #352-248169-10 Plaintiff requested that Defendant sign a

bank authorization allowing Plaintiff to obtain bank statements of any bank account

held in any bank in the name of “Mary Cummins,” “Mary Cobb” combined with the

social security number of defendant. Judge John Chupp signed a court order stating

Plaintiffs are allowed to have the bank records of Defendant from August 27, 2010 to

the then present December 18, 2015. Defendant signed the bank record authorization

(Exhibit 1).

Judge Chupp also signed a protective order over any bank records of Defendant

(Exhibit 2). The bank records can never be shared publicly, posted on the internet or

shared with any person other than Plaintiff and their attorney Randy Turner. The bank

records can only be used for legal discovery purposes. They cannot be used for any

other purpose.

Plaintiff’s Texas attorney Randy Turner then forged the court order changing the

dates from August 27, 2010 to the date of the signing of the order December 27, 2015

to January 3, 2010 to January 3, 2016.

Plaintiff’s Texas attorney Randy Turner then sent the forged bank authorization

to First Bank and One West banks January 2016. Plaintiff received all bank records

from First Bank and One West bank February 2016. Plaintiffs already have the records

they are requesting in the subpoenas! (Exhibit 3).


Plaintiff’s Texas attorney also demanded the bank records of non-party “Animal

Advocates” from First Bank. The Animal Advocates bank account at First Bank is not

in the name of Defendant. It is not in the SSN of Defendant. The account was merely

opened 14 years ago by Defendant on behalf of Animal Advocates. Defendant resigned

from Animal Advocates October 2012. Public 990’s of Animal Advocates show that

Animal Advocates has no assets and receives barely any donations which don’t cover

expenses. Texas attorney Randy Turner told the judge he received Animal Advocates’

bank records by “accident.”

Judge John Chupp in the underlying case stated on the record that Plaintiff was

not allowed to have the bank records of Animal Advocates as they were and have

never been a party in the case (Exhibit 4). Judge Chupp stated First Bank should have

never given those records to Plaintiff. First Bank demanded the records be returned but

Plaintiff’s Texas attorney Randy Turner refused to return the records.

Plaintiffs served two subpoenas for bank records in this case to One West and

First Bank banks (Plaintiff’s Exh J). Plaintiffs already have all the records from those

banks via the bank authorization. The subpoenas are not needed. Plaintiffs also still

have a signed bank authorization for any records from any other banks. Plaintiffs filed

the subpoenas merely to harass Defendant and rack up a bill for Plaintiff. They should

be sanctioned for wasting the Court and Defendant’s time and costs.

STATEMENT OF THE CASE AND GROUNDS TO QUASH OR MODIFY

SUBPOENA, PROTECTIVE ORDER

The subpoena should be quashed or modified for the following reasons:

1. Plaintiffs already have all bank statements of “Mary Cummins,” “Mary Cobb”

with SSN (redacted) from January 2010 to January 2016. The banks in question only

keep records for five years. There are no other bank statements. In the Texas case

Defendant signed a bank authorization for all “bank records” in the name of “Mary

Cummins” “Mary Cobb” with SSN redacted. Plaintiff received statements of four bank

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accounts all of which have been closed for at least two years. The banks closed all of

the accounts due to the bank levy and negative balances. Defendant does not have a

bank account and receives Medi-cal medical insurance from the government. If

Defendant were to ever have a bank account in the future, that account would be

exempt from levy up to a certain limited amount as Defendant receives government

aid. Defendant also claimed every exemption in response to the bank levy. Plaintiff did

not contest any other exemption except that one One West bank account. This court

only allowed Plaintiff to have $4,300 from the only remaining bank account in 2013.

2. Plaintiff Bat World Sanctuary is no longer a party in this case. All causes and

claims of Bat World Sanctuary were dismissed. The subpoena is in the name of “Bat

World Sanctuary and Amanda Lollar.” The subpoena is therefore defective on its face.

Plaintiffs did not change the judgment to reflect current legal parties as requested by

Judge Robert Hess.

3. The subpoena is overly broad requesting “Any and all statements for accounts

held on behalf of any and every “Mary Cummins,” “Mary Cobb” or SSN ***-**-

****.” (Exhibit *). The subpoena should only be for “bank statements” in the name of

“Mary Cummins,” “Mary Cobb” combined with Defendant’s SSN (redacted) for a

limited time related to the underlying lawsuit which was filed in September 2010.

Plaintiffs have a very long history of abusing discovery for harassment purposes only.

They have violated every single authorization for records and protective order in the

underlying case. Plaintiffs could merely state they feel an account is being held on

behalf of Defendant with absolutely no proof. They could access any bank account of

any person with such an open subpoena.

Plaintiff requested all accounts “associated with SSN” (redacted). Defendant was

the founder of non-profit Animal Advocates in 2002 14 years ago. Defendant opened

up a bank account in the name of only “Animal Advocates” with only EIN 48-1287089

in 2002. Defendant was a signatory on that account years ago. Defendant made sure


Defendant’s name was no longer on that account in any way. The bank confirmed this.

Defendant’s SSN was never on that account. The Judge in the underlying case ruled

that Plaintiffs are not allowed to have the records of Animal Advocates.

4. If the court signs an order stating Plaintiff can obtain the bank records via

subpoena to FirstBank or OneWest for bank records, the order must be very specific

for only the records of Defendant, in Defendant’s name and SSN. Defendant must get

a copy of all documents directly from the bank and not Plaintiffs. The documents must

be under a protective order. They cannot be filed in a lawsuit, shared with anyone other

than Plaintiff and her lawyers in the case, posted online or shared with the public.

PRAYER

Defendant respectfully requests that this Court quash this subpoenas for bank

records. In the alternative Defendant requests that the subpoenas be limited to only

Defendant’s “bank records” with Defendant’s SSN and name together. Plaintiff should

not be allowed to ask for bank records of unrelated third party Animal Advocates.

Defendant requests a protective order over any financial documents stating the

contents of the records and the records themselves must never be shared with anyone

other than Plaintiff and her lawyers in this case. They may never be given to anyone

else. They may never be posted online, shared publicly or attached to a legal filing.

Defendant also requests sanctions against Plaintiff and their two new lawyers.

The subpoenas were not necessary. It was filed to waste the Court and Defendant’s

time. It was maliciously filed to try to illegally get the court records of Animal

Advocates which the Judge in the underlying case did not authorize.

Defendant also requests that Plaintiffs email a copy of all filings in this case to

[email protected] Defendant is permanently, legally disabled, has no car, cannot

get to the p.o. box, cannot pay for a ride and cannot afford to buy the documents

online. Defendant requested Plaintiffs to email their documents but they refused.

Defendant just received the documents today and is replying as soon as possible.

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Such other relief as the Court may deem just and proper.

Respectfully submitted,

____________________________Mary Cummins, DefendantDated: May 4, 2016


PROOF OF SERVICE(FRCivP 5 (b)) or

(CCP 1013a, 2015.5) or(FRAP 25 (d))

I am Plaintiff in pro per whose address is 645 W. 9th St. #110-140, Los Angeles, California 90015-1640. I am over the age of eighteen years.

I further declare that on the date hereof I served a copy of:

MOTION TO QUASH, MODIFY SUBPOENA, PROTECTIVE ORDER

on the following interested parties by emailing this document to the following.

Christian MolnerAshley Hunt12400 Wilshire #1180Los Angeles, CA 90025

Gallagher Group1337 Howe Ave #104Sacramento, CA 95825

WitnessFirstBankResearch-Subpoena DeptMailcode MI-199-042P.O. Box 105Hazelwood, MO 63042

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Executed this day, May 4, 2016, at Los Angeles, California.

Respectfully submitted,

_____________________Mary Cummins, PlaintiffDated: May 4, 2016

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DECLARATION OF DEFENDANT MARY CUMMINS

I, MARY CUMMINS, declare as follows:

1. I am Mary Cummins Defendant in pro per. I make this declaration on my

personal knowledge of the facts set forth herein.

2. Attached to DEFENDANT’S MOTION TO QUASH SUBPOENA, MODIFY

SUBPOENA, PROTECTIVE ORDER as exhibits are true and correct copies of

the original documents.

3. Everything in DEFENDANT’S MOTION TO QUASH SUBPOENA, MODIFY

SUBPOENA, PROTECTIVE ORDER was written by me and is the truth to the

best of my knowledge.

4. I’m positive Plaintiff would use any data in any financial records to harass, stalk

or harm me, my family, friends and clients.

5. What Plaintiff and her lawyers wrote in their reply to my motion is false and

should be stricken.

I, declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed on May 5, 2016 at Los Angeles, California.

By: ____________________________

MARY CUMMINS

This is page one of a two page document.Not valid without page two.27th December

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--------------------------------------------------572 29 5115 See date below

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EXHIBIT 1

Mary Cummins is to get a copy of all communications to/frombanks.

Mary Cummins645 W 9th St. #110-140Los Angeles, CA 90015(310) 877 [email protected]

EXHIBIT 3

REPORTER' S RECORD

VOLUME 1 OF 1

Caus e No. 352- 248169- 10

BAT WORLD SANCTUARY X I N THE DI STRI CT COURTand AMANDA LOLLAR, X

XPl a i nt i f f s , X

XVS. X 141ST J UDI CI AL DI STRI CT

XMARY CUMMI NS, X X

Def endant . X TARRANT COUNTY, TEXAS

* - * - * - * - * - * - * - * - * - * - * - * - * - *

HEARI NG

* - * - * - * - * - * - * - * - * - * - * - * - * - *

BE I T REMEMBERED t hat on t he 1s t day of

Apr i l , 2016, t he f o l l owi ng pr oc eedi ngs c ame on t o be

hear d i n t he abov e- ent i t l ed and - number ed c aus e bef or e

t he Honor abl e J ohn P. Chupp, j udge pr es i d i ng, he l d i n

For t Wor t h , Tar r ant Count y , Tex as .

The pr oc eedi ngs wer e r epor t ed by mac hi ne

s hor t hand.

Tina Fett, CSROfficial Court Reporter 141st District Court

EXHIBIT 4

EX1

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A P P E A R A N C E S

APPEARING FOR PLAINTIFFS:

Mr. Randall E. Turner State Bar No. 20328310 BAILEY & GALYEN 1300 Summit Avenue Suite 650 Fort Worth, Texas 76102Telephone: (817) 417-9660 Facsimile: (817) [email protected]

APPEARING PRO SE (TELEPHONICALLY):

Ms. Mary Cummins645 W. 9th Street#110-140Los Angeles, CA 90015-1640 Telephone: (310)[email protected]


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MS. CUMMINS: My name is not on the

Animal Advocates' account. My social security numb er

is not on the Animal Advocates' account. I

resigned -- I thought I resigned last October, but I

actually resigned in October of 2012 when I was try ing

to take another job, and I was forced to resign.

My name is not there, and there is no

way Mr. Turner could have gotten that information

without specifically demanding Animal Advocates'

records. And in court you said he's not allowed to

have those records.

THE COURT: I signed a court order

saying -- listen, I signed a court order saying wha t

he could have, right?

MS. CUMMINS: Yes.

THE COURT: Okay. And the bank should

only give him what I signed in the order. He can't

make them give it to him by calling.

MS. CUMMINS: You don't know

Mr. Turner. In the last -- (inaudible) my doctor.

And Mr. Turner doesn't care what order that you wri te

or send. He's going to send something else to them

behind my back and behind the Court's back --

THE COURT: Do you have a copy of the

forged document he sent to the bank?


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MS. CUMMINS: Yes.

THE COURT: Where is that?

MS. CUMMINS: Well, he filed a document

stating I signed something for January 2010 to Janu ary

of 2016, and I never signed that.

THE COURT: Okay. Where is it?

MS. CUMMINS: What?

THE COURT: Where is that document?

MS. CUMMINS: Mr. Turner filed it in

his reply.

THE COURT: Okay.

MS. CUMMINS: If he did -- if they

would have given him the documents accidentally, wh ich

they did not, he still could never use them, becaus e

they are the records of Animal Advocates.

THE COURT: Right. No, I don't

disagree with you. I think that the order that we

sent, wasn't that marked out in there? There was a

sentence in that order that was marked out so that he

couldn't get those records, right?

MS. CUMMINS: He was only allowed my

records with my name and social security number.

THE COURT: Right. Okay.

MS. CUMMINS: Well, specifically he

told you we sent it, called them up and demand Anim al


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C E R T I F I C A T E

THE STATE OF TEXAS X

COUNTY OF TARRANT X

I, Christina Fett, Official Court Reporter in and for the 141st District Court, State of Texas, County of Tarrant, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the reporter's record in the aforementioned cause, all of which occurred in open court or in chambers and wer e reported by me.

I FURTHER CERTIFY that this reporter's record of the proceedings truly and correctly reflects the exhibits, if any, admitted by the respective partie s.

I FURTHER CERTIFY that I have no financial interest in the matters shown herein, and that I am not related to any of the parties or their counsel.

I FURTHER CERTIFY that the total cost for the preparation of this reporter's record of the proceedings is $234.00, and was paid by Plaintiff.

WITNESS MY OFFICIAL HAND this the 13th day of April, 2016.

/s/Christina FettChristina Fett, Texas CSR 4590CSR Expires 12-31-17Official Court Reporter, 141st District CourtTom Vandergriff Civil Courts Building100 N. Calhoun, 3rd FloorFort Worth, Texas 76196-0402Telephone 817-884-1423Facsimile 817-850-2944


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mary cummins defendant superior court of california … · 05/02/2017 · held in any bank in the...

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